JUDGMENT :

This is a defendants’ appeal. The present respondent as a plaintiff had instituted a suit against the present appellant, arraigning him as defendant in O.S.No.51/2014, in the Court of the learned Senior Civil Judge and Principal J.M.F.C. at K.G.F. (hereinafter for brevity referred to as “Trial Court”), seeking specific performance of a contract.

2. The summary of the case of the plaintiff in the Trial Court was that, the defendant has offered him to sell the suit schedule property to meet his legal and financial necessity and clear family debt. Accordingly, the negotiation took place between them on 05.09.2012. It was agreed in the negotiation that the defendant should sell the suit schedule property to the plaintiff for a total consideration of a sum of Rs. 14,00,000/-. In that regard, both the plaintiff and the defendant entered into an agreement for sale on 27.03.2013, on the same day, the plaintiff paid an advance consideration in the sale value of a sum of Rs. 10,00,000/- to the defendant, which the defendant acknowledged. It was agreed between the parties that the defendant should execute the sale deed and register it in favour of the plaintiff within three months fr